Patterson v. Warden and Housing Supervisor

Filing 9

ORDER Granting 3 Motion to Proceed in Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 12/13/12. (Attachments: # 1 IFP Motion) (Verduzco, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES PABLO PATTERSON, 12 Case No. 1:12-cv-01948 JLT (PC) Plaintiff, 13 vs. 14 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS WARDEN AND HOUSING SUPERVISOR, (Doc. 3). 15 Defendants. 16 17 Plaintiff is a prisoner proceeding pro se in an action pursuant to 42 U.S.C. § 1983. 18 Plaintiff has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 3). 19 Plaintiff has made the showing required by § 1915(a)(1) and accordingly, the request to proceed 20 in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 21 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the 22 amount of twenty percent of the preceding month’s income credited to Plaintiff’s trust account. 23 The California Department of Corrections and Rehabilitation is required to send to the Clerk of 24 the Court payment from Plaintiff’s account each time the amount in the account exceeds $10.00, 25 until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 26 In accordance with the above and good cause appearing therefore, it is HEREBY 27 ORDERED that: 28 1. Plaintiff’s application to proceed in forma pauperis (Doc. 3) is GRANTED; 1 1 2. The California Department of Corrections and Rehabilitation shall collect 2 payments from plaintiff’s inmate trust account in an amount equal to twenty per cent (20%) of the 3 preceding month’s income credited to the inmate’s trust account and shall forward those 4 payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in 5 accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and 6 forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and 7 number assigned to this action. 8 3. 9 10 of plaintiff’s in forma pauperis affidavit on the California Department of Corrections and Rehabilitation. 11 12 The Clerk of the Court is directed to serve a copy of this order and a copy 4. The Clerk of the Court is directed to serve a copy of this order on the Financial Department, U.S. District Court, Eastern District of California, Fresno Division. 13 14 15 IT IS SO ORDERED. Dated: December 13, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 16 17 DEAC_Signature-END: 9j7khijed 18 19 20 21 22 23 24 25 26 27 28 2

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